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HomeMy WebLinkAbout1991.03.20 CITY COUNCIL MINUTESS S` 1 MINUTES OF THE CITY COUNCIL MEETING 03/20/91 State of Idaho) County of Madison(ss City of Rexburg) Present were the following: Mayor: Nile Boyle Councilmembers: Bruce Sutherland Farrell Young Brad Liljenquist Nyle Fullmer Glen Pond Excused: Darlene Petersen Also Present: Rose Bagley, City Clerk J. D. Hancock, Attorney Richard Horner, Treasurer Pledge to the flag. RE: APPROVAL OF MINUTES A motion was made by Glen Pond and seconded by Farrell Young to approve the minutes. All Aye RE: PRESENTATION OF GEM COMMUNITY AWARD Jay Wixom was at the meeting to on behalf of the Madison Economic Development he presented a Gem Community Award. He told the council that we are ready to re-certify in August. RE: DISCUSSION OF ZONE CHANGE ON WEST MAIN FOR CAR WASH Glen Pond reviewed minutes from a work meeting for Planning & Zoning regarding a car wash on west Main. The Planning Board had discussed it with Ranae Magee, consultant, and a motion was made by Chris Mix recommending that the property remain zoned R2 as currently zoned. All voting aye except Scott Mortensen voting nay. Dee Thueson owner of the property explained that they wanted to put a car wash on their property and possibly storage buildings on the back of the property. Mayor Boyle gave some history of that area. We have had a request for a business to be put on the corner and also across the street for the zone to be changed to commercial. Both times when it went to hearing, there was a lot of opposition because there are so many residential houses in that area. Glen Pond stated that a petition had been circulated. There was two objecting, one they could not reach, and the rest did not oppose. One member of the Planning & Zoning had a concern of the use of the property because it boarders the canal. There is a risk to put housing in next to the canal. On the new zoning the land use showed anything west of the canal should be residential. (discussion) Brad Liljenquist said he did not see any harm in zoning that property commercial. Bruce Sutherland said he had some reservations, because he didn't see how we could change the south side of the street to commercial and not the north side. Glen also told them there was a concern of a traffic problem. The council discussed if the north side of the street and the south side of the street were same and should be zoned the same. There are more residential homes on the north side of the street. On the south side it would be contiguous with the businesses. RE: MOTION MADE FOR PUBLIC HEARING CONCERNING ZONE CHANGE ON WEST MAIN A motion was made by Brad Liljenquist and seconded by Farrell Young to set a public hearing to change the zone of the Dee Thueson property to commercial. Those voting aye: Farrell Young, Nyle Fullmer, Brad Liljenquist. Those abstaining: Bruce Sutherland and Glen Pond. The mayor told Mr Thueson that he needed to bring a plat plan to the public hearing. S9 RE: DISCUSSION OF WALK-IN HISTORICAL CAFE ON 2ND SOUTH Ronn Ashliman was at the meeting to discuss putting a walk in Historical Cafe 5 East 2nd South. Glen Pond reported from the Planning & Zoning about the issue. In order to put the cafe in the parking would have to be waved. The city attorney had researched the parking issue. Glen said he had a concern about changing the zoning to commercial because previously we had disallowed a business going in on the corner across the street. Brad Liljenquist asked if it was a walk in sandwich shop, would they deny service to anyone who drove up in a car. Mr Ashliman said he would not deny service. J. D. Hancock reviewed the parking issue. Mr Ashliman has the right to request a public hearing to change the zoning and he would also have to comply to the parking requirements or request a variance. A variance can be given if the hardship is there and not created by the property owner himself. Brad Liljenquist said we are having a parking problem on campus and now we are faced with a decision to grant a variance for a business without any parking. Bruce Sutherland said we can't say aye to one person and nay to someone else. Brad Liljenquist said he would be interested in the property owners opinion next to that property. The council told him they would circulate a petition. Jay Fluckiger told the council he had some concerns about it. He had a standing offer to buy the property but the owner has not shown any interest. He had a serious concern about the parking and about a long term type of business there. He was concerned that it would be a seasonal cafe. Mr Ashliman was told to come back in two weeks. RE: CONCERN ABOUT HIGH BUILDING PERMIT FEES Dave Rasmussen was at the meeting to express his concerns about the building permit fees. Mayor Boyle told the council that when we adopted the UBC, we also adopted the UBC fees. Dave Rasmussen says the fees are extremely high. The mayor had checked. Idaho Falls have gone with 96~ of the UBC fees. Minidoka has gone 20~ below the UBC fees. We need to determine Rexburg's factor in comparison. Dave explained that in the past he had estimated the cost of structure to build a 6 plex for $200,000. He was concerned as how the property tax is based on the building permit. Nyle Fullmer said a few builders have been caught in the middle of the change. He said he didn't have a problem with grandfathering those. Bruce Sutherland stated that we need to get some figures from builders, assessor, and realty companies, those people with expertise. Glen Pond said all we can do is go by the ordinance until we get some factors. If the factor is less we could refund the extra to the builder. RE: FLOOD PLAIN ORDINANCES J. D. Hancock gave the council copies of two different Flood Plain Ordinances. For the city to qualify for Flood Plain Subsidized Insurance we have to adopt a Flood Damage Prevention Ordinance. The attorney asked the council to study the ordinances to decide which one they would like to pass. This ordinance has to be adopted by June 3. (discussion) The council asked J. D. which one he would prefer. J. D. said he would go for the short one. RE: SPRING CLEAN-UP Spring Clean Up will be set for April 1 to May 15. RE: CLEAN UP OF LOT ACROSS FROM MCDONALDS Nyle Fullmer said we need to get the lot across from Mc Donalds cleaned up by the person that sold Christmas trees on that lot. ~ Mayor Nile L. Boyle City Clerk, Ros Ba ey